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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60W Appointment of members of Panel

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60W

Appointment of members of Panel

(1)  The Commission is to establish the Panel in relation to a major project by appointing to be members of the Panel –
(a) a member of the Commission, or another person nominated by the Commission, who is to be the chairperson of the Panel; and
(b) a member of the Commission, or another person, nominated by the Commission; and
(c) a person who is not a member of the Commission and who, in the opinion of the Commission, has qualifications and experience that are relevant to the assessment of the project.
(2)  A person appointed under subsection (1)(a) must not be a person who is appointed to the Commission under section 5(1)(g) or (h) of the Tasmanian Planning Commission Act 1997 .
(3)  A person has appropriate qualifications and experience for the purposes of subsection (1)(c) if the person has –
(a) qualifications or experience in land use planning, urban and regional development, commerce or industry; or
(b) practical knowledge of, and experience in, the provision of building or other infrastructure.
(4)  The Commission, in accordance with subsection (5) , may appoint to be members of the Panel, in addition to the persons appointed under subsection (1) , not more than 2 other persons.
(5)  The Commission –
(a) may appoint a person under subsection (4) to be a member of the Panel in relation to a major project if –
(i) the Commission is of the opinion that the scale, specialist nature or complexity of the major project makes it desirable to appoint to be a member of the Panel a person with particular qualifications or experience that the Commission thinks appropriate to assist in the assessment of the project; and
(ii) the Commission is of the opinion that the person has those qualifications or that experience; and
(b) must appoint a person under subsection (4) to be a member of the Panel in relation to a major project if the Commission is required to do so by a statement included, under section 60Q(3)(a) , in the declaration of a major project in relation to the major project.
(6)  The Commission may at any time revoke the appointment of a member of a Panel and appoint under subsection (1) another person in the place of the member.
(7)  A member of a Panel is entitled to be paid the remuneration that the Minister determines.
(8)  Despite subsection (7) , a member of a Panel who is a State Service employee or a State Service officer is not entitled to remuneration under that subsection except with the approval of the Minister to whom the administration of the State Service Act 2000 has been assigned.
(9)  A member of the Panel in relation to a major project must, as soon as practicable after he or she becomes aware that he or she has an interest (including a pecuniary interest) in relation to the major project, advise the Commission of the interest.
(10)  The Commission, as soon as practicable after becoming aware that a member of the Panel in relation to a major project has an interest (including a pecuniary interest) in relation to the major project –
(a) must determine whether the member has, or may be perceived to have, a conflict of interest in relation to the major project; and
(b) must revoke the appointment of the person as a member, if the Commission determines that the member has, or may reasonably be perceived to have, a conflict of interest in relation to the major project.